PORTSMOUTH — A condo owner being sued for planting flowers hopes her homeowners association will come to her defense and instruct the condo's board of directors to drop the lawsuit, said her lawyer.

The Atlantic Pointe condo owner, Kimberly Bois, is being sued in Rockingham County Superior Court by the condo board, which seeks fines for every day she leaves her daisies, bearded irises, lavender, hydrangeas and tulip bulbs in the ground around her condo. Many of the perennials are heirloom plants from Bois' late mother and all were planted with permission from the developer, before the condo board was established, Bois said.

But according to the condominium board, the land where Bois planted the perennials is common area. The board has mailed Bois certified letters with messages which have progressed from an order to cease-and-desist having the flowers, to a demand for her to dig up the plants and pay fines and penalties.

Bois' attorney Paul McEachern said Friday that the Atlantic Pointe condo association, comprised of condo owners, is scheduled to meet May 10 to discuss the flowers debate and to vote on whether it should instruct the board of directors to terminate the lawsuit.

McEachern said his client has scheduled depositions of potential witnesses and the superior court has a status conference scheduled for late May. In the meantime, he said, Bois' perennials are blossoming.

He said Atlantic Pointe condo maintenance crews have been maintaining all of the properties, except for Bois', and that's fine with them.

“We want the status quo to continue,” McEachern said.

The fines levied against Bois began accruing Oct. 24, 2011, at a rate of $25 a day and have since increased to $50 a day. Monthly letters provide her with a current balance and were followed by a Feb. 23 notice that a lien was placed on her condo for $4,500 in back fines. Bois has also been notified that she has to pay the condo board's attorney fees for suing her.

She and a neighbor hired McEachern, who previously said he suspects members of the condo board are “intoxified with the power they have and want to use it.”

The board is represented by attorney Sandy Roberts, who said the grounds surrounding all of the condos are controlled by the governing board. He also contends that when Bois got permission from the developer to plant her perennials, she was told the permission was temporary and could be changed by a future governing board.

“The developer created a problem for everyone,” Roberts said in March. “The practical implication is that what one person thinks is beautiful, another person thinks is horrible. Whether you like it or not is not the issue.”